South Carolina Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions
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How to fill out Motion For Recusal And Change Of Venue Due To Co-Defendant's Prior Criminal Convictions?
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FAQ
REASONS TO REQUEST A CHANGE OF VENUE If details about your case have been widely publicized by the media, your attorney may effectively argue that it would be difficult to find unbiased jurors within your local area to afford you a fair trial. Pre-biased jury pool.
In civil cases, the party seeking the change of venue must give the adverse party at least two (2) days notice of his/her intent to seek a change of venue prior to applying for such, unless the affidavit shows that the necessary facts were not discovered until it was too late to give such notice.
Reasons for changes of venue include pretrial publicity, bias, political atmosphere, and any other circumstance that the parties believe would prevent them from obtaining a fair trial in the county in which the case was originally filed.
Admissible Evidence However, South Carolina Family Court Rule 7 specifically allows five certain documents to be admitted into evidence without completely abiding by the traditional evidentiary requirement that a person issuing the statement be there to authenticate it.
A defendant or court official can file a petition for a change of venue if it is believed that a defendant cannot receive a fair trial in a given county for reasons such as: Pretrial publicity: Media coverage of criminal trials has the power to impact a defendant's Sixth Amendment right to an impartial jury.
A suitable court site should be able to handle news media, staffing needs, and security requirements related to the defendant or others (for instance, victim groups or gangs). Demographic characteristics may also be an important consideration.
To achieve a change of venue, defendants typically have to show a reasonable likelihood that they can't receive a fair trial. That reasonable likelihood is usually due to pretrial publicity, but it could have to do with some other event making it almost impossible to find an impartial jury.